By: Leonardo Neri

The role of the Personal Data Protection Officer (DPO) in a mergers and acquisitions (M&A) operation is important in three essential phases of the corporate transaction:

· Negotiation;

· Due diligence;

· Maintenance and future risks.

In these phases, the DPO's key points of attention are developed by analyzing the following documents: i) Signing of a Confidentiality Agreement or NDA; ii) Drafting and signing of a MOU or LOI; iii) Conducting and validating the Due Diligence Report; iv) Drafting of a Proposal; v) Signing of the Purchase and Sale Agreement and related terms. Finally, it is worth noting that in a survey conducted by Merrill Corporation and Euromoney Thought Leadership Consulting, with more than 500 professionals from around the world, half stated that they had given up on an M&A transaction due to the companies' inadequacy to European privacy standards (GDPR).